Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations 59031 

amendment by publishing notice of 

acceptance of the amendment to this 

part in the Federal Register. An 

amendment to the ACH Rules that is 

accepted by the Service shall apply to 

Government entries on the effective date 

of the rulemaking specified by the 

Service in the Federal Register notice 

expressly accepting such amendment. 

* * * * * 

■ 4. In § 210.5, redesignate paragraph 

(b)(6) as (b)(8) and add new paragraphs 

(b)(6) and (b)(7) to read as follows: 

§ 210.5 Account requirements for Federal 

payments. 

* * * * * 

(b) * * * 

(6) Where a Federal payment is 

disbursed to a resident of a nursing 

facility, as defined in 42 U.S.C. 1396r, 

the payment may be deposited into a 

resident trust or patient fund account 

established by the nursing facility 

pursuant to requirements under Federal 

law relating to the protection of such 

funds. 

(7) Where a Federal payment is 

disbursed to a member of a religious 

order who has taken a vow of poverty, 

the payment may be deposited to an 

account established by the religious 

order. As used in this paragraph, the 

phrase ‘‘member of a religious order 

who has taken a vow of poverty’’ is 

defined as it would be by the Internal 

Revenue Service for Federal tax 

purposes. 

* * * * * 

■ 5. In § 210.11, revise paragraph 

(b)(3)(i) to read as follows: 

§ 210.11 Limited liability. 

* * * * * 

(b) * * * 

(3)(i) Provide the name, last known 

address and phone number, as shown 

on the RDFI’s records, of the following 

person(s): 

(A) The recipient and any co-owner(s) 

of the recipient’s account; 

(B) All other person(s) authorized to 

withdraw funds from the recipient’s 

account; and 

(C) All person(s) who withdrew funds 

from the recipient’s account after the 

death or legal incapacity of the recipient 

or death of the beneficiary. 

* * * * * 

Dated: September 12, 2011. 

Richard L. Gregg, 

Fiscal Assistant Secretary. 

[FR Doc. 2011–23898 Filed 9–22–11; 8:45 am] 

BILLING CODE 4810–35–P 

CENTRAL INTELLIGENCE AGENCY 

32 CFR Part 1907 

Classification Challenge Regulations 

AGENCY: Central Intelligence Agency. 

ACTION: Final rule. 

SUMMARY: Consistent with Executive 

Order 13526, the Central Intelligence 

Agency (CIA) has undertaken and 

completed a review of its public 

Classification Challenge regulations. As 

a result of this review, the Agency has 

revised its Classification Challenge 

regulations to more clearly reflect the 

current CIA organizational structure and 

policies and practices, and to eliminate 

ambiguous, redundant and obsolete 

regulatory provisions. This rule is being 

issued as a final rule without prior 

notice of proposed rulemaking as 

allowed by the Administrative 

Procedures Act for rules of agency 

procedure and interpretation and the 

CIA Act. 

DATES: Effective September 23, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Joseph W. Lambert, (703) 613–1379. 

SUPPLEMENTARY INFORMATION: Consistent 

with Executive Order 13526, the CIA 

has undertaken and completed a review 

of its public Classification Challenge 

regulations. As a result of this review, 

the Agency has revised its Classification 

Challenge regulations to more clearly 

reflect the current CIA organizational 

structure, record system configuration, 

and policies and practices and to 

eliminate ambiguous, redundant and 

obsolete regulatory provisions. This rule 

is being issued as a final rule without 

prior notice of proposed rulemaking as 

allowed by the Administrative 

Procedures Act, 5 U.S.C. 553(b)(3)(A) for 

rules of agency procedure and 

interpretation and Section 6 of the CIA 

Act, as amended, 50 U.S.C. 403g. 

List of Subjects in 32 CFR Part 1907 

Classification challenge, Classified 

information. 

Accordingly, the CIA is amending 32 

CFR part 1907 as follows: 

PART 1907—CHALLENGES TO 

CLASSIFICATION OF DOCUMENTS BY 

AUTHORIZED HOLDERS PURSUANT 

TO SEC. 1.8 OF EXECUTIVE ORDER 

13526 

■ 1. The authority citation for part 1907 

is revised to read as follows: 

Authority: Executive Order 13526 75 FR 

707, 3 CFR 2010 Comp., P. 298–327; section 

102 of the National Security Act of 1947; 

section 6 of the CIA Act of 1949. 

■ 2. Revise the part heading to read as 

set forth above. 

■ 3. Revise § 1907.01 to read as follows: 

§ 1907.01 Authority and purpose. 

(a) Authority: This Part is issued 

under the authority of and in order to 

implement section 1.8 of E.O. 13526, 

section 102 of the National Security Act 

of 1947, and section 6 of the CIA Act of 

1949. 

(b) Purpose: This part prescribes 

procedures for non-Agency personnel 

who are authorized holders of CIA 

information, to challenge the 

classification status, whether classified 

or unclassified, based on a good faith 

belief that the current status of CIA 

information is improper. This part and 

section 1.8 of Executive Order 13526 

confer no rights upon members of the 

general public or individuals who are 

not authorized holders of CIA 

information. 

■ 4. In § 1907.02, revise paragraphs (b) 

and (j) and add paragraphs (k) and (l) as 

follows: 

§ 1907.02 Definitions. 

* * * * * 

(b) Authorized holder means anyone 

who has satisfied the conditions for 

access to classified information stated in 

section 4.1(a) of Executive Order 13526 

and who has been granted access to 

such information; the term does not 

include anyone authorized such access 

by section 4.4 of Executive Order 13526. 

* * * * * 

(j) The Order means Executive Order 

13526 of December 29, 2009 and 

published at 75 FR 707 (or successor 

Orders). 

(k) Chief, Classification Management 

and Collaboration Group refers to the 

Agency official authorized to make the 

initial Agency determination with 

respect to a challenge of the 

classification status of CIA information. 

(l) Agency Release Panel refers to the 

Agency’s forum for reviewing 

information review and release policy, 

the adequacy of resources available to 

all Agency declassification and release 

programs, and hearing appeals in 

accordance with this section. 

■ 5. Revise § 1907.12 to read as follows: 

§ 1907.12 Requirements as to form. 

The challenge shall include 

identification of the challenger by full 

name, Executive Branch agency, title of 

position, and information required for 

verification of access, security 

clearance, and status as an authorized 

holder of the CIA information in 

question. In addition, the challenger 

must clearly identify documents or 


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59032 Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations 

portions of documents at issue and 

identify and describe the reasons why it 

is believed that the information is 

improperly classified. The challenge, 

itself, must be properly marked and 

classified and, in this regard, the 

authorized holder must assume the 

current classification status and marking 

of the information is correct until 

determined otherwise unless the 

challenger asserts that the information 

marked unclassified should be classified 

or that the information should be 

classified at a higher level, in which 

case the challenger should mark the 

challenge and related documents at the 

asserted classification level. 

■ 6. Revise § 1907.21 to read as follows: 

§ 1907.21 Exceptions. 

(a) Documents required to be 

submitted for prepublication review or 

other administrative process pursuant to 

an approved nondisclosure agreement is 

not covered by this section. 

(b) Whenever the Agency receives a 

classification challenge to information 

that has been the subject of a challenge 

within the past two years, the Agency is 

not required to process the challenge 

beyond informing the challenger of this 

fact and the prior review decision; 

advising the challenger of the right to 

appeal a final Agency decision to the 

Interagency Security Classification 

Appeals Panel (ISCAP); and informing 

the challenger that if they wish to 

exercise this right, they must do so 

through Chief, Classification 

Management and Collaboration Group 

who will then forward the appeal to the 

ISCAP. 

(c) The Agency is not required to 

process classification challenges to 

information that is the subject of 

pending litigation. If the information 

that is the subject of a challenge falls 

into this category, the Agency will take 

no action on the challenge and will 

notify the challenger of this fact within 

10 business days. 

§ 1907.22 [Removed and Reserved] 

■ 7. Remove and reserve § 1907.22. 

■ 8. Revise § 1907.23 to read as follows: 

§ 1907.23 Designation of authority to hear 

challenges. 

(a) Chief, Classification Management 

and Collaboration Group shall be 

responsible for the initial Agency 

decision in a classification challenge. 

(b) Agency Release Panel (ARP). 

Appeals of denials of classification 

challenges shall be reviewed by the ARP 

which shall issue the final Agency 

decision in accordance with 1907.25(c). 

(c) ARP membership: The ARP is 

chaired by the Chief, Information 

Review and Release Group and 

composed of the Information Review 

Officers from the various Directorates 

and the Director, Central Intelligence 

Agency area, as well as the 

representatives of the various release 

programs and offices. The Information 

and Privacy Coordinator also serves as 

Executive Secretary of the Panel. 

■ 9. Revise § 1907.24 to read as follows: 

§ 1907.24. Initial determination. 

(a) Formal challenges shall be 

directed to the CIA Information and 

Privacy Coordinator (Coordinator) who 

shall promptly forward the challenge to 

the C/CMCG for action. The C/CMCG 

shall be responsible for the 

administrative processing of the 

challenge consistent with this section. 

(b) Within 10 business days of receipt 

of a challenge, the Coordinator shall 

record the receipt of the challenge and 

provide the challenger with written 

acknowledgement of the Agency’s 

receipt. 

(c) Except as provided in paragraph 

(d) of this section, the Agency shall 

render an initial written response to a 

challenge within 60 business days of 

receipt. 

(d) If the C/CMCG determines that the 

Agency is unable to respond with a 

determination within 60 business days 

of receipt of the challenge, C/CMCG will 

inform the Coordinator who will 

provide the challenger with written 

notice of the date by which the Agency 

will respond and a statement that if no 

Agency response is received within 120 

business days, the challenger has the 

right to have the challenge forwarded to 

the ISCAP, and may exercise this right 

through C/CMCG who will then forward 

the challenge to ISCAP. 

(e) The C/CMCG, after consultation 

with the originator of the information 

and other parties shall inform the 

Coordinator of the initial decision on 

the challenge and the Coordinator shall 

promptly inform the challenger of the 

decision in writing and inform the 

challenger of the right to appeal to the 

ARP if the challenge was denied. 

■ 10. Revise § 1907.25 to read as 

follows: 

§ 1907.25 Action on appeal of initial 

Agency determination. 

(a) The challenger may, within 45 

calendar days of receiving notice of a 

denial of the challenge, appeal the 

denial to the ARP by sending the appeal 

and any supplementary information in 

support of the challenge to the 

Executive Secretary of the ARP (ES/ 

ARP). 

(b) Within 10 business days of receipt 

of an appeal, the ES/ARP will record 

receipt, provide the challenger with 

written acknowledgement, and forward 

the appeal to C/CMCG, the appropriate 

IMTOs, originator, and other 

appropriate parties, who shall review 

the appeal and related materials, and 

within 30 business days provide a 

written recommendation to the ARP. 

(c) The ARP shall meet on a regular 

schedule and may take action when a 

simple majority of the total membership 

is present. Issues shall be decided by a 

majority of the members present. In all 

cases of a divided vote, before the 

decision of the ARP becomes final, any 

member of the ARP may by written 

memorandum to the ES/ARP, refer such 

matters to the Director, Information 

Management Services (D/IMS) for 

decision. In the event of a disagreement 

with any decision by D/IMS related to 

the classification challenge, Directorate 

heads may appeal to the Associate 

Deputy Director, CIA (ADD) for 

resolution. The final Agency decision 

shall reflect the vote of the ARP, unless 

changed by the D/IMS or the ADD. 

(d) The ES/ARP shall promptly 

provide the challenger with written 

notice of the final Agency decision and, 

if the appeal is denied, inform the 

challenger of the right to appeal to the 

ISCAP through C/CMCG, who will 

forward the appeal to the ISCAP. 

■ 11. Revise § 1907.26 to read as 

follows: 

§ 1907.26 Prohibition on adverse action. 

Agency correspondence to the 

challenger shall include a notice that 

CIA will take no adverse action or 

retribution against the challenger for 

bringing the classification challenge in 

good faith. 

■ 12. Revise § 1907.31 to read as 

follows: 

§ 1907.31 Right of appeal. 

A right of appeal may be available to 

the ISCAP established pursuant to 

section 5.3 of the Order. Action by that 

body will be the subject of rules to be 

promulgated by the Information 

Security Oversight Office. 

Dated: August 10, 2011. 

Joseph W. Lambert, 

Director, Information Management Services. 

[FR Doc. 2011–21574 Filed 9–22–11; 8:45 am] 

BILLING CODE 6310–02–P 

CENTRAL INTELLIGENCE AGENCY 

32 CFR Part 1908 

Mandatory Declassification Review 

AGENCY: Central Intelligence Agency. 

ACTION: Final rule. 


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